Brief prefatory remarks

Rules 72 to 109 of the rules of court (special proceedings)

General provision

Section 1, Rule 72. Subject matter of special proceedings

Section 2, Rule 72. Applicability of rules of civil actions

Settlement of estate of deceased persons

Section 1, Rule 73. Where estate of deceased persons

Rule 73. Venue and process

Section1, Rule 73. Where estate of deceased persons settled

Section 2, Rules 73. Where estate settled upon dissolution of marriage

Section 3, Rule 73. Process

Section 4, Rule 73. Presumption of death

Rule 74. Summary settlement of estates

Section 1, Rule 74. Extrajudicial settlement by agreement between heirs

Section 3, Rule 74. Bond to be filed by distributees

Section 4, Rule 74. Liablity of distributees and estate

Section 5, Rule 74. Period for claim of minor or incapacitated person

Rule 75. Production of will ; allowance of will necessary

Section 1, Rule 75. Allowance necessary, conclusive as to execution

Section 2, Rule 75. Custodian of will to deliver

Section 3, Rule 75. Executor to present will and accept or refuse trust

Section 4, Rule 75. Custodian and executor subject to fine for neglect

Section 5, Rule 75. Person retaining will may be committed

Rule 76. allowance or disallowance of will

Section 1, Rule 76. Who may petition for the allowance of will

Section 2, Rule 76. Contents of petition

Section 3, Rule 76. Court to appoint time for providing will. Notice thereof to be published

Heirs, devisees, legatees, and executors to be notified by mail or personally

Section 5, Rule 76. Proof at hearing. What sufficient in absence of contest

Section 6, Rule 76. Proof of lost or destroyed will. Certificate thereupon

Section 7, Rule 76. Proof when witnesses do not reside in province

Section 8, Rule 76. Proof when witnesses dead or insane or do not reside in the Philippines

Section 9, Rule 76. Grounds for disallowing will

Section 10, Rule 76. Contestant to file ground of contest

Section 11, Rule 76. Subscribing witnesses produced or accounted for where will contested

Section 12, Rule 76. Proof where testator petitions for allowance of holographic will

Section 13, Rule 76. Certificate of allowance attached to prove will. To be recorded in the office of register of deeds

Rule 77. Allowance of will proved outside of Philippines and administration of estate thereunder

Section 1, Rule 77. Will proven outside Philippines may be allowed here

Section 2, Rule 77. Notice of hearing for allowance

Section 3, Rule 77. When will allowed, and effect thereof

Section 4, Rule 77. Estate, how administered

Rule 78. Letters testamentary and of administration, when and to whom issued

Section 1, Rule 78. Who are incompetent to serve as executors or administrators

Section 2, Rule 78. Executor of executor no to administer estate

Section 3, Rule 78. Married women may serve

Section 4, Rule 78. Married women may serve

Section 5, Rule 78. Where some coexecutors disqualified other may act

Section 6, Rule 78. When and to whom letters of administration granted

Rule 79. Opposing issuance of letters testamentary. Petition and contest for letters of administration

Section 1, Rule 79. Opposition to issuance of letters testamentary

Section 2, Rule 79. Contents of petition for letters of administration

Section 3, Rule 79. Court to set time for hearing. Notice thereof

Section 4, Rule 79. Opposition to petition for administration

Section 5, Rule 79. Hearing and order for letters to issue

Section 6, Rule 79. When letters of administration granted to any applicant

Rule 80. Special administrator

Section 1, Rule 80. Appointment of special administrator

Section 2, Rule 80. Powers and duties of special administrator

Section 3, Rule 80. When powers of special administrator cease. Transfer or effects. Pending suits

Rule 81. Bond of executors and administrators

Section 1, Rule 81. Bond to be given issuance of letters. Amount. Conditions

Section 2. Rule 81. Bond of executor where directed in will when further bond required

Section 3, Rule 81. Bonds of joint executors and administrators

Section 4, Rule 81. Bond of special administrator

Rule 82. Revocation of administration, death, resignation, and removal of executors or administrators

Section 1, Rule 82. Administration revoked if will discovered. Proceedings thereupon

Section 2, Rule 82. Court may remove or accept resignation of executor or administrator

Section 3, Rule 82. Acts before revocation, resignation, or removal to be valid

Section 4, Rule 82. Powers of new executor or administrator. Renewal of license to sell real estate

Rule 83. Inventory and appraisal provision for support of family

Section 1, Rule 83. Inventory and appraisal to be returned within three months

Section 2, Rule 83. Certain article not to be inventoried

Section 3, Rule 83. Allowance to window and family

Rule 84. General powers and duties of executors and administrators (GPDEA)

Section 1, Rule 84. Executor or administrator to have access to partnership books and property

Section 2, Rule 84. Executor or administrator to keep building in repair

Section 3, Rule 84. Executor or administrator to retain whole estate to pay debts, and to administer estate not willed

Rule 85. Accountability and compensation of executors and administrators

Section 1, Rule 85. Executor or administrator 190 chargeable with all estate and income

Section 2, Rule 85. Not to profit by increase or lose by decrease in value

Section 3, Rule 85. When not accountable for debts due estate

Section 4, Rule 85. Accountable for income from realty used by him

Section 5, Rule 85. Accountable if he neglects or delays to raise or pay money

Section 6, Rule 85. When allowed money pain as cost

Section 7, Rule 85. What expenses and fees allowed executor or administrator. Not to charge for services as attorney. Compensation provided by will controls unless renounced

Section 8, Rule 85. When executor or administrator to render account

Section 9, Rule 85. Examinations on oath with respect to account

Section 10, Rule 85. Account to be settled on notice

Section 11, Rule 85. Surety on bond may be party to accounting

Rule 86. Claims against estate

Section 1, Rule 86. Notice to creditors to be issued by court

Section 2, Rule 86. Time within which claims shall be filed

Section 3, Rule 86. Publication of notice to creditors

Section 4, Rule 86. Filing of copy of printed notice

Section 5, Rule 86. Claims which must be filed under the notice, if not filed, barred; exceptions

Section 6, Rule 86. Solidary obligation of decedent

Section 7, Rule 86. Mortgage debt due from estate

Section 8, Rule 86. Claim of executor or administrator against an estate

Section9, Rule 86. How to file a claim. Contents thereof. Notice to executor or administrator

Section 10, Rule 86. Answer of executor or administrator. Offsets

Section 11, Rule 86. Disposition of admitted claim

Section 12, Rule 86. Trial of contested claim

Section 13, Rule 86. Judgment appealable

Section 14, Rule 86. Costs

Rule 87. Actions by and against executors and administrators

Section 1, Rule 87. Actions with may and which may not be brought against executor or administrator

Section 2, Rule 87. Executor or administrator my bring or defend actions which survive

Section 3, Rule 87. Heir may not sue until share assigned

Section 4, Rule 87. Executor or administrator may compound with debtor

Section 5, Rule 87. Mortgage due estate may be foreclosed

Section 6, Rule 87. Proceedings when property concealed, embezzled, or fraudulently conveyed

Section 7, Rule 87. Person entrusted with estate compelled to render account

Section 8, Rule 87. Embezzlement before letter issued

Section 9, Rule 87. Property fraudulently conveyed by deceased may be recovered. When executor or administrator must bring action

Section 10, Rule 87. When creditor may bring action. Lien for costs

Rule 88. Payment of the debts of the estate

Section 1, Rule 88. Debts paid in full if estate sufficient

Section 2, Rule 88. Part of estate from which debt paid when provision made by will

Section 3, Rule 88. Personality first chargeable for debts, then realty

Section 4, Rule 88. Estate to be retained t meet contingent claims

Section 5, Rule 88. How contingent claim becoming absolute in two years allowed and paid. Action against distributees later

Section 6, Rule 88. Court to fix contributive shares where devisees, legatees or heirs have been possession

Section 7, Rule 88. Order or payment if estate insolvent

Section 8, Rule 88. Dividends to be paid in proportion to claims

Section 9, Rule 88. Estate of insolvent non-resident, how disposed of

Section 10, Rule 88. When and how claim proven outside the Philippines against insolvent resident's estate paid

Section 11, Rule 88. Order for payment of debts

Section 12, Rule 88. orders relating to payment of debts where appeals is taken

Section 13, Rule 88. When subsequent distribution of assets ordered

Section 14, Rule 88. Creditors to be paid in accordance with terms or order

Section 15, Rule 88. Time for paying debts and legacies fixed, or extended after notice, within what periods

Section 16, Rule 88. Successor of dead executor or administrator may have time extended on notice within certain period

Rule 89. Sales, mortgages, and other encumbrances of property of decedent

Seection 1, Rule 89. Order of sale of personalty

Section 2, Rule 89. When court may authorize sale, mortgage,or other encumbrance of realty to pay debts and legacies through personalty not exhausted

Section 3, RUle 89. Persons interested may prevent such sale, etc., by giving bond

Section 4, Rule 89. When court may authorize sale estate as beneficial to interested persons. disposal of proceeds

Section 5, Rule 89. When court may authorize sale, mortgage, or other encumbrance of estate to pay debts and legacies in other countries

Section 6, Rule 89. When court may authorize sale, mortgage, or other encumbrance of realty acquired on execution or foreclosure

Section7, Rule 89. Regulation for granting authority to sell, mortgage, or otherwise encumber estate

Section 8, Rule 89. When court may authorize conveyance of realty which deceased contracted to convey. Notice. Effect of deed

Section 9, Rule 89. When court may authorize conveyance of lands which deceased held in trust

Rule 90. Distribution and partition of the estate

Section 1, Rule 90. When order for distribution of residue made

Section 2, Rule 90. Questions as to advancement to be determined

Section 3, Rule 3 90. By whom expenses of partition pain

Section 4, Rule 90. Recording the order of partition of estate

Rule 91. Escheats

Section 1, Rule 91. When and by whom petition filed

Section 2, Rule 91. Order for hearing

Section 3, Rule 91. Hearing and judgment

Section 4, Rule 91. When and by whom claim to estate filed

Section 5, Rule 91. Other actions for escheat

Rule 92 to 97. General guardian and guardianship, as amended by am 03-02-SC [May 01, 2003] rule on guardianship of minors

Rule 92. Venue

Section 1, Rule 92. Where to institute proceedings

Section 2, Rule 92. Meaning of word "incompetent"

Section 3, Rule 92. Transfer of venue

Appointment of guardians (for incompetents)

Section 1, Rule 93. Who may petition for appointment of guardian for resident

Section 2, Rule 93. Contents of petition

Section 3, Rule 93. Court to set time for hearing. Notice thereof

Section 4, Rule 93. Opposition to petition

Section 5, Rule 93. Hearing and order for letters to issue

Section 6, Rule 93. When and how guardian for non-resident appointment. Notice

Section 7, Rule 93. Parents as guardians

Section 8, Rule 93. Service of judgment

Rule 94. Bonds of guardians (for incompetents)

Sec. 1, Rule 94. Bond to be given before issuance of letters; amount; conditions

Section 2, Rule 94. When new bond may be required and old sureties discharged

Section 3, Rule 94. Bonds to be filed. Actions thereon

Rule 95. Selling and encumbering property of ward

Section 1, Rule 95. Petition of guardian for leave to sell or encumber estate

Section 2, Rule 95. Order to show cause thereupon

Section 3, Rule 95. Hearing on return of order costs

Section 4, Rule 95. Contents of order for sale or encumbrance, and how long effective bond

Section 5, Rule 95. Court may order investment of proceeds and direct management of estate

Rule 96. General powers and duties of guardians

Section 1, Rule 96. To what guardianship shall extend

Section 2, Rule 96. Guardian to pay debts of ward

Section 3,Rule 96. Guardian to settle accounts, collect debts, and appear in actions forward

Section 4, Rule 96. Estate to be managed frugally, and proceeds applied to maintenance of ward

Section 5, Rule 96. Guardian may be authorized to join in partition proceedings after hearing

Section 6, Rule 96. Proceedings when the person suspected of embezzling or concealing property of ward

Section 7, Rule 96. Inventories and accounts of guardians, and appraisement of estates

Section 8, Rule 96. When guardian's accounts presented for settlement. Expenses and compensation allowed

Rule 97. Termination of guardian ship

Section 1, Rule 97. Petition that competency of ward be adjudged, and proceedings thereupon

Section 2, Rule 97. When guardian removed or allowed to resign; new appointment

Section 3, Rule 97. Other termination of guardianship

Section 4, Rule 97. Record to be kept by the justice of the peace (now municipal trial court) or municipal judge

Section 5, Rule 97. Service of judgment

Section 1, AM 03-02-05-SC. Applicability of the rule

Section 2, AM 03-02-05-SC. Who may petition for appointment of guardian

Section 3, AM 03-02-05-SC. Where to file petition

Section 4, AM 03-02-05-SC. Qualifications of guardians

Section 6, AM 03-02-05-SC. Who may be appointed guardian of the person or property, or both, of a minor

Section 7, AM 03-02-05-SC. Who may be appointed guardian of the person of property, or both, of a minor

Section 7, AM 03-02-05-SC. Time and notice of hearing

Section 9, AM 03-02-05-SC. Case study report

Section 10, AM 03-02-05-SC. Opposition to petition

Section 11, AM 03-02-05-SC. Hearing and order for letters to issue

Section 12, AM 03-02-05-SC. When and how a guardian of the property for non-resident minor is appointed; notice

Section 13, AM 03-02-05-SC. Service of final and executory judgment or order

Section 14, AM 03-02-05-SC. Bond of guardian; amount; conditions

Section 15, AM 03-02-05-SC. Where to file the bond; action thereon

Section 16, AM 03-02-05-SC. Bond of parents as guardians of property of minor

Section 17, AM 03-02-05-SC. General duties of guardian

Section 18, AM 03-02-05-SC. Power and duty of the court

Section 19, AM 03-02-05-SC. Petition to sell or encumber property

Section 20, AM 03-02-05-SC. Order to show cause

Section 21, AM 03-02-05-SC. Hearing on return of order; costs

Section 22, AM 03-02-05-SC. Content of order for sale or encumbrance and its duration; Bond

Section 23, AM 03-02-05-SC. Court may order investment of proceeds and direct management of property

Section 24, AM 03-02-05-SC. Grounds for removal or resignation of guardian

Section 25, AM 03-02-05-SC. Ground for termination of guardship

Section 26, AM 03-02-05-SC. Service of final and executory judgment or order

Rule 98. Trustees

Section 1, Rule 98. Where trustee appointed

Section 2, Rule 98. Appointment and powers of trustees under will. Executor of former trustees under will. Executor of former trustee need not administer trust

Section 3, Rule 98. Appointment and powers of new trustee under written instrument

Section 4, Rule 98. Proceedings where trustee appointed abroad

Section 5, Rule 98. Trustee must file bond

Section 6, Rule 98. Conditions included in bond

Section 7, Rule 98. Appraisal. Compensation of trustee

Section 8, Rule 98 . Removal or resignation of trustee

Section 9, Rule 98. Proceedings for sale or encumbrance of trust estate

Rule 99, Adoption and custody of minors (ACM), now governed by Republic Act no. 11642 or the domestic administrative adoption and alternative child care act

Rule 100. Rescission and revocation of adoption (RRA) (Rescission of adoption is governed by Republic Act no. 8043, as amended by Republic Act. no. 11642)

Rule 101. Proceedings for hospitalization of insane persons

Section 1, Rule 101. Venue, petition for commitment

Section 2, Rule 101. Order for hearning

Section 3, Rule 101. Hearing and judgment

Section 4, Rule 101. Discharge of insane

Section 5, Rule 101. Assistance of fiscal in the proceeding

Rule 102. Habeas corpus

Section 1, Rule 102. To what habeas corpus extends

Section 2, Rule 102. Who may grant the writ

Section 3, Rule 102. Requisites of application therefor

Section 4, Rule 102. When writ not allowed or discharge authorized

Section 5, Rule 102. When the writ must be granted and issued

Section 6, Rule 102. To whom writ directed and what to require

Section 7, Rule 102. How prisoner designated and writ served

Section 8, Rule 102. How write executed and returned

Section 9, Rule 102. Defect of form

Section 10, Rule 102. Contents of return

Section 11, Rule 102. Return o be signed and sworn to

Section 12, Rule 102. Hearing on return adjournments

Section 13, Rule 102. When the return evidence, and when only a plea

Section 14, Rule 102. When person lawfully imprisoned recommitted, and when let to bail

Section 15, Rule 102. When prisoner discharged if no appeal

Section 16, Rule 102. Penalty for refusing to issue writ, or for disobeying the same

Section 17, Rule 102. Person discharged not to be again imprisoned

Section 18, Rule 102. When prisoner may be removed from one custody to another

Section 19, Rule 102. Record of writ, fees and costs

Rule on custody of minors and writ of habeas corpus (RCAW) in relation to custody of minors (AM 03-04-04-SC. April 22, 2003)

Section 1, AM 03-04-04-SC. Applicability

Section 2, AM 03-04-04*SC. Petition for custody of minors; who may file

Section 3, AM 03-04-04-SC. Where to file petition

Section 4, AM 03-04-04-SC. Contents of petition

Section 5, AM 03-04-04-SC. Summons; personal service on respondent

Section 6, AM 03-04-04-SC. Motion to dismiss

Section 7, AM 03-04-04-SC. Verified answer

Section 8, AM 03-04-04-SC. Case study; duty of social worker

Section 9, AM 03-04-04-SC. Notice of mandatory pre-trial

Section 10, AM 03-04-04-SC. Contents if pre-trial brief

Section 11, AM 03-04-04-SC. Effect of failure to appear at the pre-trial

Section 12, AM 03-04-04-SC. What may be done at pre-trial

Section 13,AM 03-04-04-SC, Provisional order awarding custody

Section 14, AM 03-04-04-SC. Factors to consider in determining custody

Section 15, AM 03-04-04-SC. Temporary visitation rights

Section 16, AM-03-04-04-SC. Hold departure order

Section 17, AM 03-04-04-SC. Protection order

Section 18, AM 03-04-04-SC. Judgment

Section 19, AM 03-04-04-SC. Appeal

Section 20, AM 03-04-04-SC. Petition for writ of habeas corpus

Section 21, AM 03-04-04-SC. Confidentiality of proceedings

Section 22, AM 03-04-04-SC. Effectivity

The rule on the writ of Amparo (Am 07-9-12-SC. 25 September 2007)

Section 1, AM 07-9-12-SC. Petition

Section 2, AM 07-9-12-SC. Who may file

Section 3, AM 07-9-12-SC. Where to file

Section 4, AM 07-9-12-SC. No docket fees

Section 5, AM 07-9-12-SC. Issuance of writ

Section 7, AM 07-9-12-SC. Penalty for refusing to issue or serve the writ

Section 8, AM 07-9-12-SC. How the writ is served

Section 9, AM 07-9-12-SC. Return; Contents

Section 10, AM 07-09-12-SC. Defenses not pleaded deemed waived

Section 11, AM 07-9-12-SC. Prohibited pleadings and motions

Section 12, AM 07-9-12-SC. Effect of failure to file return

Section 13, Summary hearing, AM 07-9-12-SC

Section 14, AM 07-9-12-SC. Interim reliefs

Section 15, AM 07-9-12-SC. Availability of interim reliefs to respondent

Section 16, AM 07-9-12-SC. Contempt

Section 17, AM 07-9-12-SC. Burden of proof and standard of diligence required

Section 18, AM 07-9-12-SC. Appeal

Section 20, AM 07-9-12-SC. Archiving and revival of cases

Section 21, AM 07-9-12-SC. Institution of separate actions

Section 22, AM 07-9-12-SC. Effect of filing of criminal action

Section 23, AM 07-9-12-SC. Consolidation

Section 24, AM 07-9-12-SC. Substantive rights

Section 25, AM 07-9-12-SC. Suppletory application of rules of court

Section 26, AM 07-09-12-SC. Applicability to pending cases

Section 27, AM 07-9-12-SC. Effectivity

The rule on the writ of habeas data (RWHD) (AM 08-1-16-SC. Jan. 22, 2008)

Section 1, AM 08-1-16-SC. Habeas data

Section 2, AM 08-1-16-SC. Who may file

Section 3, AM 08-1-16-SC. Where to file

Section 4, AM 08-1-16-SC. Where returnable; Enforceable

Section 5, AM 08-1-16-SC. Docket fees

Section 6, AM 08-1-16-SC. Petition

Section 7, AM 08-1-16-SC. Issuance of the writ

Section 8, AM 08-1-16-SC. Penalty for refusing to issue or serve the writ

Section 9, AM 08-1-16-SC. How the writ is served

Section 10, AM 08-1-16-SC. Return ; Contents

Section 11, AM 08-1-16-SC. Contempt

Section 12, AM 08-1-16-SC. When defenses may be heard in chambers

Section 13, AM 08-1-16-SC. Prohibited pleadings and motions

Section 14, AM 08-1-16-SC. Return; Filing

Section 15, AM 08-1-16-SC. Summary hearing

Section 16, AM 08-1-16-SC. Judgment

Section 17, AM 08-1-16-SC. Return of service

Section 18, AM 08-1-16-SC. Hearing on officer's return

Section 19, AM 08-1-16-SC. Appeal

Section 20, AM 08-1-16-SC. Institution of separate actions

Section 21, AM 08-1-16-SC. Consolidation

Section 22, AM 08-1-16-SC. Effect of filing of a criminal action

Section 23, AM 08-1-16-SC. Substantive rights

Section 24, AM 08-1-16-SC. Suppletory application of the rules of court

Sec. 25, AM 08-1-16-SC. Effectivity

Rule 103. Change of name

Section 1, Rule 103. Venue

Section 2, Rule 103. Contents of petition

Section 3, Rule 103. Order for hearing

Section 4, Rule 103. Hearing

Section 5, Rule 103. Judgment

Section 6, Rule 103. Service of judgment

Republic act 9048 or the clerical error law, as amended

Rule 104. Voluntary dissolution of corporations (deemed repealed by Sections 117 to 122, Title XIV, Batas Pambansa Blg. 68 or the corporation code)

Rule 105. Judicial approval of voluntary recognition of minor natural children

Section 1, Rule 105. Venue

Section 2, Rule 105. Contents of petition

Section 3, Rule 105. Order for hearing

Section 4, Rule 105. Opposition

Section 5, Rule 105. Judgment

Section 6, Rule 105. Service of judgment upon civil registrar

Rule 106. Constitution of family home (deemed repealed by articles 252 to 253 of Executive Order no. 209 or the Family Code)

Rule 107. Absentees

Section 1, Rule 107. Appointment of representative

Section 2, Rule 107. Declaration of absence; who may petition

Section 3, Rule 107. Contents of petition

Section 4, Rule 107. Time of hearing; Notice and publication thereof

Section 5, Rule 107. Opposition

Section 6, Rule 107. Proof at hearing; Order

Section 7, Rule 107. Who may be appointed

Section 8, Rule 107. Termination of administration

Rule 108. Cancellation or correction of entries in the civil registry

Section 1, Rule 108. Who may file petition

Sec. 2, Rule 108. Entries subject to cancellation or correction

Section 3, Rule 108. Parties

Section 4, Rule 108. Notice and publication

Section 5, Rule 108. Opposition

Section 7, Rule 108. Order

Rule 109. Appeals in special proceeding

Section 1, Rule 109. Orders or judgments from which appeals may be taken

Section 2, Rule 109. Advance distribution in special proceedings